Published:
28 May 2022 10:43 GMT
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The Supreme Court invalidated the section allowing multiple consecutive sentences against multiple charges, ruling that the term of life imprisonment without the possibility of parole can be a maximum of 25 years.
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The Supreme Court of Canada ruled this Friday that life sentences with no real possibility of parole are unconstitutionalwhich could free several murderers serving prison sentences.
The court found that imposing long prison sentences with little hope of freedom is cruel and inconsistent with Canadian lawwhich discredits the Administration of Justice.
Currently in Canada, those sentenced to life in prison for first-degree murder can apply for parole after 25 years. However, in 2011 consecutive sentences were allowed, depending on the number of crimes, which could lead to sentences of up to 150 years without the possibility of parole.
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The public debate arose from the case of Alexandre Bissonnette, who in 2017 attacked a mosque in Quebec and was convicted of six counts of murder in the first degree and six of attempted murder.
In that case, crown prosecutors asked for the 2011 provision to apply. They requested that the defendant serve separate sentences of 25 years for each of his victims, before being eligible to apply for parole. In other words, the condemned person should fulfill 150 years in prison before being entitled to the request.
Faced with this request, the judge ruled that five of the terms would be served simultaneously, but agreed to include a 15-year term for the sixth murder, so that Bissonnette would be eligible for parole after 40 years.
The Quebec appeals court later overturned the decision and reinstated the original 25-year period established by Canadian law. Bissonnette will now be able to apply for parole when she completes 25 years of her sentence, which will occur when she turns 50 years old.
Supreme Court decision
with the current decision On appeal from the Bissonnette case, the Supreme Court Tribunal invalidated the section allowing multiple consecutive sentences against multiple charges, ruling that, regardless of the number of crimes, the term of life in prison without parole eligibility may be of a maximum of 25 years.
In relation to the repealed article, Chief Justice Richard Wagner declared that, as far as exceeds life expectancy of any human being, is “a sentence so absurd that it would discredit the Administration of justice”. The jury found that the previous law was degrading and inherently incompatible with human dignity.
It also pointed out that the section violates the Canadian Charter of Rights and Freedoms, which guarantees the right not to be subjected to cruel and unusual punishmentwhose purpose is to protect human dignity and ensure respect for the inherent worth of each individual.
The decision could open the possibility of parole to at least 18 personas who are serving multiple life sentences, and who are currently over 25 years old, reports TheGuardian. Some of his sentences include periods of 75 years before he can issue the application.
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